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Final Decree For Foreclosure In A Redemption Suit On Default Of Payment By Mortgagor (order Xxxiv, Rule 8) Legal Draft Template

Category Agreements Civil Procedure Code
Format
File name Final Decree for Foreclosure in a Redemption Suit on Default of Payment by Mortgagor (Order Xxxiv, Rule 8)

This is a sample legal draft for reference. Review and adapt it for your facts, and consult a qualified advocate before filing or execution.

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<h2>1. </h2>Upon

reading the preliminary decree in this suit on the day of and further orders

(if any) dated the day of, and the application of the defendant dated the day

of for a final decree and after hearing the parties, and it appearing that the

payment as directed by the said decree and orders has not been made by the

plaintiff or any person on his behalf or any other person entitled to redeem

the mortgage:It

is hereby ordered and decreed that the plaintiff and all persons claiming

through or under him be and they are hereby absolutely debarred and foreclosed

of and from all right of redemption of and in the property in the aforesaid

preliminary decree mentioned (Word not required to be deleted} [and (if the

plaintiff be in possession of the said mortgaged property) that the plaintiff

shall deliver to the defendant quiet and peaceable possession of the said

mortgaged property].2.

And

it is hereby further declared that the whole of the liability whatsoever of the

plaintiff up to this day arising from the said mortgage mentioned in the plaint

or from this suit is hereby discharged and extinguished.

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